Procedural law

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1-Procedural law—laws that are concerned with appropriate process of law.

• procedural  law is the body of law that administer the ways in which the substantive laws (fundamental laws) are to be administered; sometimes called remedial law.

•When a crime is committed or dispute arise, procedural law is activated and the courts follow the steps laid down in procedural law.

•Examples: criminal procedure code and civil procedure code.

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2. Criminal and civil law:

Legal system are generally divided into two categories: criminal and civil. It is important to understand the nature of the division because there are fundamental differences in the purpose, procedures and terminology of each branch of law.

a. Criminal law:

The criminal law is concerned with forbidding certain forms of wrongful conduct and punishing those who engage in the prohibited acts. In criminal cases you have a prosecutor who prosecutes a defendant in the criminal courts. The consequences of being found guilty are so serious that the standard of proof is higher than in civil cases: the accusation of criminal conduct must be proved beyond a reasonable doubt.

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•If the prosecution is successful, the defendant is found guilty (convict) and may be punished by the courts.

•If the prosecution is unsuccessful, the defendant is found not guilty (acquitted).

b. Civil law:

The civil law deals with the private rights and obligations which arise between individual. the purpose of the action is to remedy the wrong that has been suffered. Enforcement of the civil law is the responsibility of the individual who has been wronged; the state’s role is to provide the procedure and the courts necessary to resolve the dispute. In civil proceedings a claimant sues a defendant in the civil courts.

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¨The claimant will be successful if he can prove his case on

the balance of probabilities, i.e. the evidence weighs

more in favor of the claimant than the defendant.

¨If the claimant wins his action, the defendant is said to be

liable (legally responsible) and the court will order an appropriate remedy, such as damages (financial compensation) or an injunction (an order to do or not do something).

¨If the claimant is not successful, the defendant is found not liable.

¨Many of the laws affecting the business person are part of the civil law, especially contract, tort or injury and property law.

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Constitutional or Statutory law refers to:

Written or codified law; the “law on the books,” as enacted by a government body or agency having the power to make laws.

Case law refers to:

law based on decisions made by judges in earlier cases.

The body of judicial precedent, historically built on legal reasoning and past interpretations of statutory laws, that serve as a guide to decision making, especially in the courts.

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Solmond has  referred to the following eight kinds:

a)imperative Law: means a rules imposed by some authority which enforces it by superior power either by physical force or any other form of compulsion.

¨Austin was the chief exponent or supporter of imperative theory  of law. Its can be two types: human and divine .

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b) physical or scientific law.

c) Natural Law.

d) Conventional law.

e) Customary Law.

f) Practical or technical Law.

g) International Law.

h) civil Law

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Classification of law

1.Public law. Public law is concerned with the relationship between the state and its citizens.

There are 3 types of public law:

A.Constitutional Law: outline the structure and powers of governments.

B.Criminal Law: outlines offences against society and their punishments.

C.Administrative Law: outlines the relationship between citizens and government agencies.

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2. Private Law:

Private is a body of law governing relations between citizens.

a. Tort Law: a person is held responsible for damage caused to another; "tort" is Latin for "a wrong".

b. Family Law: deals with the various relationships of family life (e.g. marriage)

c. Contract Law: outlines requirements for legally binding agreements.

d. Property Law: outlines relationship between individuals and property.

e. Labor Law: outlines relationship between employers and employees.

•Sources of law.

¨Custom or usage

¨Religion

¨Judicial decision

¨Scientific commentaries

¨Equity

¨Legislation

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